Home > About Us > Privacy Statement
Replicon Inc.
("Replicon" or "we", "us", "our", etc.)
Replicon is committed to maintaining the privacy of individuals and protecting personal
information in its custody or control in accordance with privacy legislation applicable
to Replicon. This Policy is intended to comply with the requirements of Alberta's
Personal Information Protection Act ("PIPA"). However, in certain circumstances,
other legislation may be applicable.
Application
This Policy describes and summarizes the practices of Replicon and its affiliates
with respect to our collection, use and/or disclosure of personal information related
to all individuals other than employees and individual contractors of Replicon;
those individuals are subject to a separate policy. Employees of Replicon dealing
with personal information are expected to be familiar with this Policy.
Definitions
In this Policy, the following terms have the meanings below:
- Personal information means information about an identifiable individual,
which does not include information of an aggregate or anonymous nature where a specific
individual or individuals cannot be identified. Personal Information also does not
include business contact information, as long as business contact information
is used to contact an individual in their capacity as an employee or official of
an organization, and for no other purpose. Information about a corporation, firm,
trust, union or other non-individual entity is not personal information.
- Business contact information means an individual's name and position or title
as an official or employee of an organization, as well as their business telephone
number, business address, business e-mail, business fax number and other business
contact information.
Privacy and our Website
We do not collect any personal information from individuals who simply visit our
website. However, individuals should be aware that most web servers do collect some
information about visitors, such as the browser and version being used, the operating
system, and the "IP" or internet address of the visitor, which may identify the
individual's Internet Service Provider or computer but not necessarily the individual
using it.
Replicon's website server also use cookies, which are small text files containing
information sent to the computer of a visitor to our website. Cookies are used to
help our web server track such things as user preferences that the user may submit
in order to make the website more interactive with the user and more responsive
to their preferences. Information stored in cookies is used to pre-populate form
fields and to remember user preference. This is done for user convenience as well
as to provide us with information on which parts of our website are being viewed
and by how many visitors. The tracking process is anonymous and no personal information
is used.
Email
If you voluntarily submit personal information to us by email for purposes of obtaining
information, we will consider that you have done so with your consent for purposes
reasonably related to your providing the information. If reasonable to do so, after
our initial response, we may send further information to you with information that
may be useful, but we will include instructions on how to terminate receiving such
further information. Please be advised that the Internet and email are inherently
insecure media, and we cannot take responsibility for the security or privacy of
personal information in transit over the Internet.
Third Party Websites
Please note that our website may contain links to other websites which are provided
as a convenience for visitors to our website only. Any third party websites will
have their own privacy policies and practices, and we cannot be responsible for
such third parties, their websites, or their privacy practices.
Sources of Personal Information
Replicon generally collects, uses and discloses personal information about the following
types of individuals:
- Customers, employees of and contractors to customers;
- Prospective or potential customers or their employees;
- Subscribers to Replicon newsletters, white papers or similar types of information;
- Employees and independent contractors (where such contractors are individuals) of
Replicon for the purposes of establishing, managing and terminating employment and
contractor relationships;
- Other individuals who may voluntarily choose to provide Replicon with personal information.
- Shareholders and investors in Replicon; and,
- Directors of Replicon.
Notification and consent
Subject to this Policy and applicable legislation, Replicon will identify the purposes
for collection, use and disclosure in advance of collection, and will notify the
individual of the purposes for collection, use or disclosure at or before the time
of collection.
There are a number of exceptions to the above provisions in that in some circumstances,
such as with certain personal information related to employees, Replicon does not
require consent to collect, use or disclose personal information but is required
to provide notification in advance.
In other circumstances, specifically those set out in applicable legislation, the
law does not require that Replicon obtain consent or provide notification. Replicon
reserves all its rights to rely on any available statutory exemptions and exceptions.
Exceptions to the requirement for consent
Replicon may collect personal information without consent in circumstances that
include but are not limited to the following:
- Where a reasonable person would consider that the collection of the information
is clearly in the interests of the individual and consent of the individual cannot
be obtained in a timely way or the individual would not reasonably be expected to
withhold consent;
- Where the collection of the information is pursuant to a statute or regulation of
either Alberta or Canada that authorizes or requires the collection;
- Where the collection of the information is from a public body and that public body
is authorized or required by an enactment of Alberta or Canada to disclose the personal
information to Replicon;
- Where the collection of the information is reasonable for the purposes of an investigation
or a legal proceeding;
- Where the information is publicly available;
- Where the collection of the information is necessary in order to collect a debt
owed to Replicon or for Replicon to repay to an individual money owed by Replicon.
In addition to the above, the law generally provides that an individual is deemed
to consent to the collection, use or disclosure of personal information about that
individual for a particular purpose if the individual voluntarily provides the information
for that purpose, and it is reasonable that a person would voluntarily provide that
information. If an individual provides personal information to us voluntarily, we
will rely on deemed consent and consider that the individual consents to our collection,
use or disclosure of their personal information as necessary to carry out the purposes
for which they provided the information.
Where a new purpose for the use or disclosure of personal information previously
collected arises, Replicon will contact the individual in question to obtain any
required consent or to provide any required notification for use and/or disclosure
for such new purpose or purposes.
Where practical, Replicon will try to collect personal information directly from
the individual. Where necessary, Replicon will collect personal information from
other sources. When Replicon collects personal information about individuals directly
from them, except when their consent to the collection is deemed or has otherwise
been previously and lawfully obtained, or is not required, we will tell them the
purpose for which the information is collected, and, if reasonable to do so, the
name of a person who can answer questions about the collection.
Why we collect, use and disclose personal information
Replicon generally collects, uses and discloses personal information for the following
purposes:
- Customers, employees of and contractors to customers: To establish, maintain, manage
and terminate a relationship with a customer.
- Prospective or potential customers or their employees: To attempt to establish a
relationship with a customer.
- Subscribers to Replicon newsletters, white papers or similar types of information:
To provide services, information or documentation and to solicit business.
- Suppliers (including non-individual contractors to Replicon), employees of and contractors
to suppliers: To establish, maintain, manage and terminate a supplier relationship.
- Individuals who may voluntarily choose to provide Replicon with personal information:
To fulfill the purposes for which such information was provided.
- Replicon employees and individual contractors: To recruit, establish, maintain,
manage and terminate an employment or individual contractor relationship. For further
information, Replicon's Employee Privacy Policy should be consulted.
- Shareholders and investors: To manage our relationship with and our obligations
to investors and shareholders. Replicon is required by applicable laws and regulatory
authorities to collect, as well as use and disclose certain information with respect
to its shareholders.
- Directors and officers: To manage our relationship with and our obligations to directors
and officers. Replicon is required by applicable laws and regulatory authorities
to collect, as well as to use and disclose, certain information with respect to
its directors and officers.
- Other individuals: Personal information from other individuals may be collected,
used or disclosed when such individuals contact Replicon for a variety of reasons
personal to them. For example, if an individual contacts us with an inquiry, we
will use the information provided to assist us in responding to that individual
and communicating with them. Generally, such information is used to contact or reply
to individuals who have contacted us where such contact or reply is reasonable in
the circumstances, or is subject to deemed consent, or is legally required.
- Telephone Conversations: Please refer to the more comprehensive section on telephone
conversations in this Policy.
- To fulfill our legal obligations.
Use of Personal Information
As with collection, there are exceptions to the requirement of consent with respect
to use. For example, Replicon may use personal information without consent in circumstances
that include but are not limited to the following:
- Where a reasonable person would consider that the use of the information is clearly
in the interests of the individual and consent of the individual cannot be obtained
in a timely way or the individual would not reasonably be expected to withhold consent;
- Where the use of the information is pursuant to a statute or regulation of Alberta
or Canada that authorizes or requires the use;
- Where the information in question was collected is from a public body and that public
body is authorized or required by an enactment of Alberta or Canada to disclose
the personal information to Replicon;
- Where the use of the information is reasonable for the purposes of an investigation
or a legal proceeding;
- Where the information is publicly available;
- Where the collection of the information is necessary in order to collect a debt
owed to Replicon or for Replicon to repay to the individual money owed by Replicon;
- In certain circumstances, where the information may be disclosed without consent,
it may also be used without consent.
Replicon will in all cases use personal information as permitted or required by
applicable law.
Disclosure of personal information
It is the general policy of Replicon to not disclose personal information in its
custody or control except with the consent of the individual and then only for identified
purposes. However, individuals should be aware that there are exceptions to the
above.
Alberta law permits us to collect, use or disclose personal information about an
individual in some circumstances without the individual's consent and/or knowledge.
Such circumstances include (but are not limited) to where:
- the collection, use or disclosure is clearly in the interests of the individual
and consent cannot be obtained in a timely way;
- collection, use, or disclosure is reasonable for the purposes of an investigation
or proceeding;
- the personal information is available to the public from a prescribed source; or
- the collection, use, or disclosure is required or authorized by a statute or regulation
of Alberta or Canada.
Replicon will in all cases disclose personal information as required or permitted
by applicable law.
Replicon does not disclose, trade or sell its customer or contact lists.
Telephone Calls
All incoming and outgoing telephone calls using Replicon's telephone systems are
subject to automated recording and archiving. Recording is a function of certain
technology and cannot be turned off by individual Replicon employees or contractors
for particular cases. Recording is carried out for the following purposes:
- To ensure accuracy of communication. This includes ensuring accuracy of our understanding
of customer requirements, orders and agreements made with customers, and, if necessary,
to accurately document such agreements in the event of a misunderstanding or dispute
to protect both Replicon and the customer;
- To ensure quality of service provided by Replicon representatives.
Recordings of telephone calls are initially not reviewed or overheard in any manner,
but are archived in digital format on a secure server without review. Such recordings
may be subsequently reviewed by Replicon at any time for any one or more of the
stated purposes and, in particular, may be used without notification or consent
as evidence in the event of an investigation or legal proceeding related to such
telephone conversation, or to review the quality of service provided in situations
where Replicon has a basis to believe that such quality may not be adequate and
generally only with respect to those Replicon representatives who interact with
customers.
Callers from outside Replicon are advised that their call may be recorded and potentially
used on the foregoing basis by posting a notice to that effect on Replicon's web
site. Callers have the option at their request of opting out of such recording by
asking their Replicon representative to call them back on a cell phone, which is
not subject to automated recording. Individuals may also communicate with Replicon
via email, fax or mail.
Recordings, including recordings that are not reviewed, are retained on the same
basis as other personal information pursuant to this Policy. Where required or permitted
by law, Replicon may use or disclose personal information contained in recordings.
Replicon does not use information contained in recordings for marketing or solicitation
purposes. Access to such recordings is restricted to particular individuals within
Replicon who have obligations of confidentiality to Replicon and who have a need
to review such recordings as part of their obligations to Replicon.
Computer Interaction
There are occasions where Replicon representatives may remotely access a computer
of a Replicon customer in order to provide services, including technical support
or product support. Such access may include an exchange of information of a conversational
nature and, while not intended to do so, such access may result in the collection
of personal information incidental to our providing services. The activities carried
out during such access are recorded and archived so that the recording of such activities
may later be viewed or reviewed for the purposes of providing services to the customer
in question. The recording is a video file without sound and is subsequently used
only for the purposes of assisting the customer. In all cases where a computer becomes
subject to access by Replicon, such access will be with the customer's knowledge
and consent.
Retention and destruction of personal information
Alberta law allows us, for legal or business purposes, to retain personal information
for as long as is reasonable. Upon expiry of an appropriate retention period, bearing
in mind reasonable legal and business requirements, personal information will either
be destroyed in a secure manner or made anonymous.
Should consent to our collection, use, disclosure or retention of personal information
be revoked by the individual in question, the law also allows us to continue to
retain the information for as long as is reasonable for legal or business purposes.
In the event that revocation of consent may have consequences to the individual
concerned, we will advise the individual of the consequences of revoking their consent
where it is reasonable in the circumstances to do so.
When we collect, use or disclose personal information, we will make reasonable efforts
to ensure that it is accurate, up to date, and complete.
Security
We recognize our legal obligations to protect the personal information we have gathered
about individuals. We have therefore made arrangements to secure against unauthorized
access, collection, use, disclosure, copying, modification, disposal or destruction
of personal information. These arrangements may include physical security measures,
network security measures, and organizational measures such as non-disclosure agreements
and need-to-know access.
Requests for Access
Alberta law permits individuals to submit written requests to us to provide them
with:
- access to their personal information under the custody or control of Replicon;
- information about the purposes for which their personal information under the custody
or control of Replicon has been and is being used; and
- the names of organizations or persons to whom and the circumstances in which personal
information has been and is being disclosed by Replicon.
Requests for access are subject to the following:
- Any requests must be in writing.
- We do not accept such requests or respond to such requests via email.
- In order to receive a response to such a request, the individual must provide us
with sufficient information to locate their record, if any, and to respond to them.
- We will respond to requests in the time allowed by Alberta law, which is generally
45 days. In certain circumstances, we may have a right to extend this period of
time and will advise in writing if we are doing so.
- We will make a reasonable effort to assist applicants and to respond as accurately
and completely as reasonably possible.
- All requests may be subject to any fees and disbursements the law permits us to
charge.
- Where appropriate to do so, we may require advance payment of a deposit or the entire
costs of responding to a request for access to personal information.
Please note that an individual's ability to access his or her personal information
under our control is not an absolute right. Alberta law provides that Replicon must
not disclose personal information where:
- the disclosure could reasonably be expected to threaten the safety or physical or
mental health of an individual other than the individual who made the request;
- the disclosure would reveal personal information about another individual; or
- the disclosure would reveal the identity of an individual who has in confidence
provided us with an opinion about another individual and the individual providing
the opinion does not consent to the disclosure of his or her identity.
Alberta law also provides that Replicon may choose not to disclose personal information
where:
- the personal information is protected by any legal privilege;
- the disclosure of the information would reveal confidential commercial information
and it is not unreasonable to withhold that information;
- the personal information was collected by Replicon for an investigation or legal
proceeding;
- the disclosure of the personal information might result in similar information no
longer being provided to us when it is reasonable that it would be provided;
- the personal information was collected or created by a mediator or arbitrator in
the conduct of a mediation or arbitration for which he or she was appointed to act
- under an agreement,
- under an enactment, or
- by a court; or
- the personal information relates to and may be used in the exercise of prosecutorial
discretion.
Replicon reserves all its rights under the above.
Responses to Requests
Our responses to requests for access to personal information will be in writing,
and will confirm:
- whether we are providing all or part of the requested information,
- whether or not we are allowing access or providing copies, and,
- if access is being provided, when and how that will be given.
If access to information or copies are refused by us, we will provide written reasons
for such refusal and the section of PIPA (the Personal Information Protection Act,
Alberta) on which that refusal is based. We will also provide the name of an individual
at Replicon who can answer questions about the refusal, and particulars of how the
requesting individual can ask the Information and Privacy Commissioner of Alberta
to review our decision. In order to receive a response to such a request, the individual
must provide us with sufficient information to locate their record, if any, and
to respond to them.
Requests for Correction
Alberta law permits individuals to submit written requests to us to correct errors
or omissions in their personal information that is in our custody or control. If
an individual alleges errors or omissions in the personal information in our custody
or control, we will either:
- correct the personal information and, if reasonable to do so, and if not contrary
to law, send correction notifications to any other organizations to whom we disclosed
the incorrect information; or
- decide not to correct the personal information but annotate the personal information
that a correction was requested but not made.
Corrections or amendments will not made to opinions as opposed to factual information,
although we reserve the right to modify opinions where changes in the facts on which
those opinions are based occur.
Amendment
Replicon may amend this Policy from time to time as required and without notice,
in order to better meet our obligations under the law.
Contacting Replicon
If you have any questions with respect to our policies concerning the collection,
use, disclosure or handling of your personal information, or if you wish to request
access to, or correction of, your personal information under our care and control,
or if you are dissatisfied with how we handle your personal information, please
contact our Privacy Officer, Celeste Janke, at:
celeste@replicon.com
OR 403-262-6519 ext 384.
If you remain dissatisfied after our Privacy Officer has reviewed and responded
to your concern, or have other concerns or questions, you have the right at any
time to contact the Office of the Information and Privacy Commissioner at:
410, 9925 - 109 Street
Edmonton, AB T5K 2J8
Telephone (780) 422-6860 or Fax (780) 422-5682